Joseph McKenna

“ The Court of Claims in a brief memorandum summarized the elements of liability against the United States, concluding as follows:
'We think the right of plaintiffs [the appellees] to recover the price for the work done by them is indisputable.'
The United States adduces against the conclusion certain provisions of the specifications, the latter being, as we have seen, part of the contract. ”

“ A large part of the material arbitrarily stated to be clay, gravel, sand and boundlers, was in fact limestone rock and limestone bed rock, and was not the material specified in the contract.
The quantity of material excavated as thus required, and that required by the contract, the findings estimate in detail and the cost of its excavation, in the sum of $116,760.61, from which was deducted the sum of $5,174.64 that had been paid appellees, leaving due to them $111,585.97. It is found besides that delays caused by the engineer in charge resulted in a loss to the appellees of $7,718.30. ”

“ Ct. 553, 58 L. Ed. 898, Christie v. United States, 237 U.S. 234, 35 Sup. Ct. 565, 59 L. Ed. 933, United States v. Spearin, 248 U.S. 132, 39 Sup. Ct. 59, 63 L. Ed. 166, and United States v. Atlantic Dredging Co., 253 U.S. 1, 40 Sup. Ct. 423, 64 L. Ed. 735. ”